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Judgment
Pradeep Kumar, Member (A)
The applicant was working as a Conductor under the DTC and had superannuated on 30.04.2018. The applicant pleads that his retiral dues have not been released so far.
The applicant further pleads that while in service he had taken certain loan from Delhi Nagrik Sehkari Bank due to which his retiral dues have not been released. Thereafter, Asstt. Collector Grade-I Cooperative Societies Delhi Government passed certain order dated 02.07.2018 in a recovery case filed against the applicant.
The applicant made a representation to the respondents DTC dated 27.03.2019 to transfer his retiral benefits to the said cooperative bank. It is pleaded that DTC did not take any action. The applicant submits that two notices were sent to the respondent DTC,one of which was sent through speed post and the other one was delivered on 14.01.2021. However, there was no action. It was followed by another notice issued on 27.1.2021. But still no action. Feeling aggrieved the instant OA has been preferred.
The applicant has sought relief for a direction to release retiral benefits and has also submitted that he will supply his bank account details if so required by the respondents-DTC. Another relief sought is for a direction to the cooperative bank to stay the operation of order dated 02.07.2018. Interim relief has also been sought to this effect.
The matter has been heard. Shri Naveen Nagar, learned counsel represented the applicant. Ms. Arati Mahajan Shedha, learned counsel represented the respondents.
The respondents submitted that she has received the notice for the OA only a day before and is not aware whether any reply has been issued by the DTC to the applicant on said representations.
In regard to the order by Asstt. Collector Gr.I Cooperative Society dated 02.07.2018,the Tribunal notes that this matter does not lie within the jurisdiction of the Tribunal. When it was pointed out to the applicant, he was in agreement that this issue does not lie in the jurisdiction with the Tribunal.
In keeping with this, the Tribunal cannot entertain any plea in this regard and the applicant is directed to approach appropriate forum, if there is a grievance related to this order.
As regards the release of the retiral dues, the Tribunal notes that respondents are duty bound to pay the retiral dues to an employee as soon as he superannuates or within a short time thereafter. In the instant case, applicant has pleaded that such retiral dues have not been released so far despite his representations which have been received by the respondents-DTC.
In view of the foregoing, the Tribunal is of the view that no useful purpose will be served by keeping the present OA pending.
The instant OA is disposed of with directions to the applicant to supply his bank account details to the respondents-DTC within a time period of 15 days by speed Post.
The OA is disposed of at admission stage, without going into merits of the case, with a direction to respondents-DTCto consider the pending representations dated 27.03.2019 and 27.01.2021 and pass a reasoned and speaking order, if the same has not been issued so far, duly keeping in view the extent rules and instructions on the subject, within a time period of eight weeks, under advice to the applicant. In case an order is already passed, a copy of the same shall be supplied to applicant within this time.
If as a result of such examination, it is found that the retiral dues are required to be released, the same shall also be paid within a period of four weeks thereafter.
The applicant shall have liberty to approach the Tribunal in case some grievance still subsists. No costs.